Buffalo attorney Tony Rapp told FOX News Digital that he “usually doesn’t call people ____ and I don’t sue people.” Nevertheless, he recently made international headlines for exactly these two things.
Prior to 2016, Mr. Rupp primarily practiced personal injury litigation. But a chance interaction with a police officer interrupted by a controversial and vulgar remark forever changed the trajectory of his job and life.
In December of that year, Rupp told Todd McAllister to “turn on his lights” after he and his wife witnessed him driving without running lights, “swooping in” on two women and nearly colliding with them. Put it on, ah,” he called out. They were crossing the street, according to a lawsuit he filed in March 2021.
Rupp later discovered that McAllister was a Buffalo police officer and was given a citation for violating the city’s noise ordinance. The ticket was later dismissed, but the incident prompted Rapp to file a lawsuit and begin a First Amendment fight, according to court records.
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Attorney Tony Rapp and his wife Linda are pictured here, and Rapp says he supports the lawsuit against the city of Buffalo and officers Todd McAllister and Nick Parisi. (Courtesy of Tony Rapp)
decision from United States Court of Appeals Earlier this month, it reversed an earlier ruling by a U.S. District Judge in Buffalo that dismissed Rapp’s lawsuit. The appellate court ruled that Rupp’s statements, even if blasphemous, could be considered a “very reasonable” effort to prevent the accident.
Rapp is currently suing the police, two officers, and the City of Buffalo. He told Fox that all he is seeking is $1, his own legal costs and recognition that the officers acted inappropriately.
“I don’t want to be the guy who calls the cops ‘XX’ because it makes me look uncool,” Rupp told Fox News Digital. “I don’t want to be the guy who brings frivolous lawsuits. I weighed that against my civil liability…They intentionally trampled on my civil rights.” [and] I ended up making the situation I was trying to escape even worse. ”
Furthermore, he said, “There are no juries in the world.” [would] please believe this [incident was] This is nothing more than First Amendment retaliation. ”
Paul Mauro, a former commander of the NYPD’s law enforcement division, told Fox News Digital that it’s “always difficult to draw the line between the rights of the public and the specific powers that police have.”
“Many lawyers will be watching this case, as it could potentially expand the ability of similarly situated plaintiffs to go after police officers who have taken actions they believe have probable cause.” Mauro said.
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showdown in buffalo
Rupp told Fox News Digital that he was crossing a street in downtown Buffalo when he noticed a large vehicle with its lights on, barreling toward him and his wife.[thought he was] I’m going to witness a murder.” When I got to the other side, I saw two women getting off the curb.
But the driver managed to stop and, according to court documents, Rapp’s wife said he was inches from the women, and Rapp said he was several feet from them — and his high beams. flashed.
In retrospect, that gesture may have been apologetic. At the time, Rupp thought the driver was “reprimanding” him for stepping onto the road outside the crosswalk.
Then Rapp yelled, “Turn on the lights, oh!”
“It wasn’t planned. At that point I almost ran away to my car. I didn’t want to be this 35-year-old guy trying to trample me like a bug. I was 50 at the time. “The days of fighting are long gone,” Rapp recalled.
As it turns out, the driver was McAllister, who was in the deputy’s car with his partner Nick Parisi, but it’s still unclear why his headlights didn’t come on.
“There are no juries in the world. [would] please believe this [incident was] This is nothing more than First Amendment retaliation. ”
Rupp said he and his wife were about to leave when McAllister pulled right into the parking lot, rolled down his window and said, “If you do that, you might get arrested.”
Rupp reportedly replied, “Are you kidding me?” And at that point he was taken into custody.
“I said to him, ‘Do you realize that you almost killed two people?’ Do you know what he said to me? [That] They were walking across the pedestrian bridge,” Rapp recalled. Is that a crime punishable by death in Buffalo today? ”
“My poor wife was standing there and I told her I can’t back down to this man, I’ve never backed down in my life and I can’t back down to this man either. ” Rapp recalled. ”[I told her] “I’m sorry for being in this mess.”
Rapp and the officer argued for about 40 minutes, and when five more officers arrived at the scene, including a male supervising lieutenant, Rapp stopped McAllister from turning on his running lights, according to Rapp and his complaint. He reportedly demanded that he be given a ticket for driving while driving.
The lieutenant refused, and Rupp was ticketed for violating the city’s noise ordinance, despite the fact that the altercation took place near a noisy local highway. The language of the local law prohibits noise that “disturbs the tranquility, comfort, or rest of a reasonable person of normal sensibilities.”
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Rapp and his wife first saw McAllister’s car when they left Chef’s Restaurant. According to the complaint, Rupp yelled at the officers after nearly hitting two women as he walked from the parking lot to the restaurant. (Google Maps)
“I was sure that no one in the country would be disturbed by my cries. The point was to provoke me. [court appearance]” Rupp told FOX News Digital. That’s your punishment for insulting a police officer. ”
Although the ticket would later be dismissed, the U.S. Court of Appeals wrote in a recent decision:[had] The case was sent back to district court so a jury could examine the facts of the case, citing problems with the officer’s rationale for issuing the ticket.
After the incident, Rapp wrote a five-page letter to the Buffalo Police Chief, which is attached below.
“If I were their captain, I [would tell them]… When you do something wrong, admit it and go about your day when a citizen reports you,” Rupp said. “Even if you haven’t done anything wrong, Americans can call the police —– whenever they want.”
Two months later, Officer McAllister and his partner, Officer Parisi, attacked 20-year-old Wardell “Meech” Davis as police tried to arrest him on suspicion of drug crimes.
According to the attorney general’s decision, Parisi admitted to “punching Mr. Davis in the face several times” during the interaction.
Davis, who suffered from asthma, died after being handcuffed and held face down for several minutes. The attorney general ultimately cleared the two officers in their deaths, saying Davis died as a result of medical conditions rather than injuries.
“I was trying to get my stupid ticket dismissed when one of my co-workers dropped the front page of the Buffalo News on my desk and said, “You might want to read this article.” ” Rapp recalled. “When I belittled them for McAllister turning off his headlights, they lashed out at me. Davis resisted arrest and belittled them, and he died.”
“They ignored my letters. They didn’t train them to thicken up. At that time, I thought I had an obligation to sue,” Rapp said. “I still wish those guys were there to talk to, that ‘Meech’ Davis was still alive and trained. I can’t stop thinking about that.”
legal implications
Mauro said there are two possible reasons why the Buffalo Police Department did not reach a settlement in its seven-year lawsuit with Rapp.
“For whatever reason, they don’t want to set that precedent,” Mauro said. “Or maybe they think they’re completely right and he went too far.
“It is very difficult legally for the government to do anything that violates people’s First Amendment rights. The pleasure never goes away.
“Every police officer knows that the job involves some level of abuse. [court] “I think there are still factual issues that need to be resolved because we are seeking fact-finding,” he continued.
“Maybe there’s more facts here that the circuit didn’t look into – he was at dinner, he came out of the restaurant, he had a few drinks… maybe they’ll “Pal, you better calm down here, you’re getting yourself into big trouble,” Mauro said. “Now we have a completely different kettle of fish.”
Mauro also said that while all Rupp is seeking is dollars, legal fees and an apology, the publicity he’s gained from the legal battle should be “invaluable,” adding, Anyone who is angry will do that.” Please call this guy. ”
Buffalo Police Department Headquarters (Google Maps)
Rupp’s law firm, Rupp Pfalzgraf LLC, has filed multiple lawsuits against the Buffalo Police Department since the fateful exchange outside the Italian restaurant.
That includes the case of James Kisner, who was accused of attacking a police vehicle, placed on psychiatric hold at an area hospital, and charged after police hit him with their car. According to WIVB.
Karyn Kenney, a former U.S. Department of Justice general counsel, said the fate of the case depends on the jury’s findings.
“One of the real questions was how dangerous it was,” Kenney told FOX News Digital. “Although they both agree on most of the facts of what happened, according to Rupp and his wife, [the police] came dangerously close, the officer said. [they didn’t.] It’s up to the jury to decide that. ”
”[But] If he was stuck in traffic for that, he could arrest half of Manhattan,” Kenney added.
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Neither the Buffalo Police Department nor City Attorney David Lee responded to Fox News Digital’s requests for comment.
